Legal Question in Traffic Law in Massachusetts
I got a ticket today for passing another vehicle on a double solid line and for speeding apparently. It was estimated as going 50 in a 35 and the cop had said I'd better not appeal because I would not want him to testify what he saw. So my question is, do I appeal it or pay?
1 Answer from Attorneys
If the dividing lane was clear and not faded and the facts are as stated then you have consider that you will lose at the magistrate's hearing and will have to appeal to a trial before a Judge in the District Court. You will have the right to present evidence to counter the narrative that the police will tell the court. You would be able to challenge him on how he estimated or determined your speed. Also if the dividing lane marker was not clear you could raise that.
You have nothing to lose if you appeal, these vioations will result in points that will result in higher insurance premiums. I say take the appeal (if you can afford the time from work) and give it your best shot. You may get lucky and the police officer does not show and the case will be dismissed.
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